A. R. Ashok Vs State of Karnataka

THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, REP. BY ITS SECRETARY, DR. B R AMBEDKAR ROAD, 9TH AND 10TH FLOOR, VISHVESHWARAIAH TOWER, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER, HASSAN DISTRICT, D C OFFICE, B M ROAD, HASSAN-573 201.

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BELUR TOWN MUNICIPAL COUNCIL, NEAR BELUR BUS STAND, BELUR-573 115.

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REP. BY ITS CHIEF OFFICER.

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THE CHIEF OFFICER, BELUR TOWN MUNICIPAL COUNCIL NEAR BELUR BUS STAND, BELUR 573115.

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THE VICE PRESIDENT BELUR TOWN MUNICIPAL COUNCIL, BELUR TOWN, BELUR, HASSAN 573115.

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MEENAKSHI VENKATESH, AGED ABOUT MAJOR, COUNCILOR BELUR TMC, BELUR HASSAN - 573115.

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G SHANTIKUMAR, AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN 573115.

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JAMILA AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN 573115.

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B A JAMALUDDIN AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN-573 115.

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SOWMYA SUBRAMANYA AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN 573115.

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TIRTHA KUMARI H T AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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C N DAANI,

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AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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B C RATNA SATYANARAYANA, AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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ASHOK AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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FAYAZ AHMED, AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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DIVYA GIRISH, AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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BHARATH KUMAR AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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GIRISH B AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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SABA KOWSARU, AGED ABOUT MAJOR, COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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AKRAM SHARIFF AGED ABOUT MAJOR,

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COUNCILOR, BELUR TMC, BELUR, HASSAN - 573115.

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…RESPONDENTS

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(BY SRI. HARISH K.S., GOVERNMENT ADVOCATE)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 02.06.2025 PASSED IN WP No. 15266/2025 BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT, CONSEQUENTLY GRANT INTERIM ORDER ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and

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HON'BLE MR JUSTICE C M JOSHI

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ORAL JUDGMENT

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(PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE)

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This appeal has been filed challenging the order dated 02.06.2025 passed by the learned Single Judge in Writ Petition No.15266/2025 filed by the appellant herein whereby, the learned Single Judge has declined to give interim order for restraining the holding of the meeting scheduling on 04.06.2025. The aforesaid writ petition, in effect, is a second round of litigation on the subject

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matter. The earlier being the Writ Petition No.13114/2025

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filed by respondent No.21 herein, wherein, he has challenged the validity of the proceedings to be held on 02.05.2025 which was primarily to consider the Motion of No Confidence as regards the President. The order passed by the learned Single Judge on the afore said writ petition on 29.04.2025 reads as under:

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"The petitioners have raised various grounds while assailing the validity of the proceedings to be held on 02.05.2025 to consider the motion of no confidence as regards the President. The petitioner submits that the meeting is being presided over by the President against whom motion of no confidence has been moved which is contrary to the mandate under Section 51 of the Karnataka Municipalities Act, 1964 (for short The Act').

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Learned counsel Sri A.Nagarajappa appearing for the Municipal Authority submits that the Court may direct that the meeting to be presided by the Vice President in terms of Section 51 of the Act and such direction would take care of the illegality in the notice at Annexure - A which is a curable defect.

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Subject to further consideration, the meeting to be held on 02.05.2025 to be presided by the Vice President taking note that the President is the person against whom motion of no confidence has been moved. The proceedings held pursuant to Annexure A would be subject to orders to be passed in the present petition. All contentions are kept open.

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The meeting could go ahead but any action taken would be subject to orders passed. Learned counsel A.Nagarajappa accepts notice for respondent No.1.

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Issue emergent notice to respondents 2 to 12. Petitioners are at liberty to take out notice by way of hand summons as well for respondents 2 to 12.

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Copy of the proceedings to be placed before the Court by the next date of hearing.

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List the matter in the week commencing from 09.06.2025."

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Pursuant to the aforesaid order, the Special

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General Meeting was held which was presided by the Vice President in terms of the order passed on 29.04.2025. It is

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the case of the appellant as per the Minutes of the

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Meeting there was commotion and Vice President exercising her power under Section 47 of the Karnataka

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Municipalities Act, adjourned the meeting. It is also noted that on 20.05.2025, on the request made before the Vice President, the Chief Officer, by exercising his powers under Section 47(3) of the Karnataka Municipalities Act, called for a Meeting on 04.06.2025 to move No Confidence Motion against the President. It is this action which has been challenged by the appellant who is the President by filing the writ petition wherein the impugned order has been passed.

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The case of the appellant before the learned Single Judge was that, the notice dated 20.5.2025 has been issued over looking the fact that the matter is subjudice before the Court in Writ Petition No.13114/2025. That apart, it is the case of the appellant that there is a violation of Section 47(2) of the Karnataka Municipalities Act and as such there is no question of invoking Section 47(3) of the said Act. We find that the learned Single Judge while declining to grant relief as sought for by the appellant has in paragraphs 7 onwards stated as under:

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"7. Upon a closer examination of sub-section (4) of Section 47, it becomes evident that the statutory scheme contemplates that a meeting once convened for considering a &#039No-confidence motion& #039, if not concluded on the scheduled date, can lawfully be adjourned to another date. The statute, therefore, clearly provides for the possibility of continuation of the proceedings. In the present case, it is apparent from the record that the earlier meeting was not concluded but was merely adjourned. Consequently, this Court does not find any merit in the contention of the petitioner that the issuance of a second notice amounts to initiation of a fresh &#039No-confidence motion&#039. Such a contention overlooks the legislative intent behind Section 47(4) and the factual matrix of this case.

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That being the position, and without expressing any conclusive opinion on the merits of the rival contentions at this stage, this Court is of the view that the grounds urged by the petitioner as well as the legality and validity of the proceedings convened pursuant to the initial requisition require detailed adjudication. In view of the interconnection of the issues raised in the present writ petition with those arising in W.P.No.13114/2025, it is deemed

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appropriate that both petitions be heard together for final disposal.

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In light of the foregoing analysis, this Court does not find any justification to grant interim protection to the petitioner at this juncture. It is, however, made explicitly clear that the observations made herein are confined solely to the adjudication of the present interim prayer and shall not be construed as expressing any final opinion on the merits of the case. The meeting rescheduled pursuant to Section 47(4) of the Act shall proceed in accordance with law under the supervision of the Vice President as envisaged under Section 47(3), and any decision taken therein shall be subject to the final outcome of the writ petitions pending before this Court.

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Registry is directed to tag this writ petition along with W.P.No.13114/2025 and re-list on 01.07.2025."

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Suffice to state that the order dated 29.04.2025

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passed by the learned Single Judge in the Writ Petition No.13114/2025 as well as in the impugned order in Writ Petition No.15266/2025 have clearly held that the out come of the meeting to be held on 02.05.2025 or for the matter that the meeting which according to him has been

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rescheduled shall be subject to the out come of the writ petitions which are pending before the Court which writ petitions have been tagged together. If that is so, the rights of the appellant having been secured by the orders passed in both the writ petitions and the larger issue need to be decided by the Court in the writ petitions, the discretion having been exercised by the learned Single Judge in not granting injunction, we are of the view that no interference is called for to the impugned order. The appeal being without merit, is dismissed.

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Sd/(V KAMESWAR RAO) ACTING CHIEF JUSTICE

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Sd/(C M JOSHI) JUDGE

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tsn* List No.: 2 Sl No.: 1

A. R. Ashok v. State of Karnataka

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A. R. Ashok v. State of Karnataka

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